Waiver, Release and Assumption of Risk
RELEASE AND WAIVER OF LIABILITY
I, a participant as contemplated herein, execute this Release and Waiver of Liability (the “Release”) in favor of Hawaii Potters’ Guild its affiliates, officers, directors, employees, agents, representatives, members, volunteers, instructors, students and their respective successors, assigns, heirs, executors, and administrators (collectively, the “Guild”).
I desire to use, without limitation, the Guild’s premises, facilities, equipment, supplies and participate in or attend, without limitation, its classes, programs, workshops, functions, and events (collectively, the “Events”). I understand that said Events may include but are not limited to lifting items, operating machinery and equipment, repairing, restoring and rehabilitating buildings, performing clean-up activities, and engaging in other physical labor related activities (collectively, the “Activities”).
By signing this Release, I give up my right to recover from the Guild in a lawsuit for any personal injury, illness, death, or any property damage that may result from the risks that are a natural part of the Activities. I have the right to refuse to sign this Release, and the Guild has the right to refuse to let me participate in the Events and Activities if this Release is not signed.
In consideration of and in order to be allowed to participate in the Events and Activities, I hereby freely, voluntarily and without duress execute this Release under the following terms:
1. Release and Waiver. I acknowledge and understand that participation in the Events and Activities may involve certain risks, including, but not limited to, personal injury(ies), bodily injury, illness, permanent disability, property damage, loss and/or death (“Risks”). These Risks include, but are not limited to, exposure to and/or infection with viruses and/or bacterial infection even in ideal conditions, and despite any and all reasonable efforts made to mitigate such Risks. I further acknowledge and agree that, due to the nature of the Events and Activities, my participation in the Events and Activities may result in an elevated risk of contracting diseases that may be spread through the air, close contact or direct contact with others, including bacteria and viruses.
I hereby forever release, waive, discharge, defend, holds harmless, and indemnify the Guild from any and all liability, claims, causes of action, actions, demands, costs and damages of any kind, whether arising from tort, contract or otherwise, which I or my heirs, assigns, next of kin or legal representatives may have or which may hereinafter accrue, arise from, or are in any way related to my participation in the Events and Activities, including but not limited to Risks, whether caused wholly or in part by the negligence, fault or other misconduct of the Guild or of other participants.
2. Assumption of the Risk. I understand and agree that I knowingly assume the Risks associated with the Events and Activities. I acknowledge that all the Guild’s premises, facilities, supplies and equipment are presented on an “as-is” basis and I will use them without reliance upon any representation as to their fitness for my intended use or any other particular purpose. I hereby state and acknowledge that I have read the previous paragraphs and further agree and acknowledge that I: (1) understand the nature of and the dangers and Risks associated with the Events and Activities; (2) understand the demands and dangers of the Events and Activities; and (3) assume all of the Risks associated with such Events and Activities, even those caused by the negligent acts or conduct of the Guild or others.
3. Insurance. I also understand that the Guild does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage. I understand that I remain responsible for payment of such hospital, physician, ambulance, dental, medical or other services obtained for me. I agree that the Guild does not assume any responsibility for the payment of such fees or expenses which may be incurred. If I have health insurance, I understand that my personal health insurance is my primary coverage
4. Medical Conditions and Treatment. I represent and warrant that I am in sufficient good health to participate in the Events and Activities and I do not have any pre-existing physical or medical condition that might be impacted or worsened by participating in the Events and Activities. I understand and voluntarily assume the risk associated with unknown medical and physical conditions. I hereby forever release, waive, discharge, defend, hold harmless, and indemnify the Guild from any claim(s) whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with an emergency during my participation in the Events and Activities.
5. Photographic/Recording Release. I grant the Guild the right to take photographs, videos, or audio recordings of me in connection with the Events and Activities. I grant and convey to the Guild all right, title and interest in any and all photographs and video/audio/electronic recordings of me, including as to my name, image and voice, made by or on behalf of the Guild during the Events and Activities, including, but not limited to, the right to use such materials for any purpose and to any royalties, proceeds, or other benefits derived from them. I understand that I will not have any ownership interest in or to such photographs, images and/or recordings, I have not been provided or promised any compensation, and hereby waive any rights, privileges or claims based on any right of publicity, privacy, ownership or any other rights arising, relating to or resulting from the photographs, images and/or recordings.
6. Miscellaneous. It is my express intent that this Release shall bind my heirs, assigns, next of kin or legal representatives. This Release and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Hawaii. I also agree that if any portion of this Release is found to be void or unenforceable, the remaining portions shall be construed to enforce their meaning to the maximum extent possible and shall remain in full force and effect. This Release may be electronically signed, and any electronic signatures appearing on or referencing the intent to be bound by this Release or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
7. Parent or Guardian’s Authority. If the participant is a minor child and not an adult of legal age, this Release is made on behalf of that minor child and all the releases, waivers and promises herein are binding on that minor child. The undersigned represents that s/he have full authority as Parent or Legal Guardian of that minor child, to bind the minor child to this Release and that his/her agreement alone is sufficient.